HomeMy WebLinkAboutLL-2003 #23Local Law Filing
NEW YORK STATE DEPARTIViENT OF STATE
41 STATE STREET~ ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or ta~derlining to indicate new matter.
Toyvn of SOUTHOLD
LOCAL LAW NO. 23 2003
A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the
Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and
Special Exception Use P~rmits and Site Plans containing Dwelling Unity(s) in the Tovo~ of Southold
BE IT ENACTED BY, tl~e4[ Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Morc~torium Extcnsicn
I. Legislative Intent
A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To
date this moratorium has been extended twice, first by six months and most recently by 90 days. The currant
moratorium is set to exphe in early November, 2003. The moratorium was intended to provide sufficient time
for the Town to consider ?he recommendations of the Blue Ribbon Commission and to comprehensively review
Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan
(LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation
systems.
The To~vn Board established a moratorium planning team consisting of the Town attorney, Town planner and
land preservation coordinator, as well as two planning consultants and two legal consultants. The team was
directed to review Town planning goals, past planning studies, and studies that assist thc Town Board in
achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included
past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards,
assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement
(GEIS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition,
the GEIS was intended to take a "hard look" at the implications and potential Impacts of the comprehensive
implementation strategy, gllow for review of mitigation and alternatives, and provide a procedure to allow a
rational and logical implementation strategy to evolve from an organized process. The Town Board authorized
the moratorium planning ~eam to proceed with the task and schedule provided to the Town Board on October 8,
2002. I
The moratorium planning[team met on a weekly or as-needed basis to advance the tasks and schedule as
(If additionaI Ilspace is needed, attach pages the same size as this sheet~ and number each.)
DOS-239(Rev. I 1/99)
(1)
authorized by the Town Board. Pri~rlo the last extension of the moratoriUm'ra/e team completed a number of
important tasks, including:
· review of past studies;
· synthesis of past planning recommendations;
· review of Town Code, policies and definitions;
· preparation of Geographic Information System (GIS) resource maps in cooperation with Town data
processing stafft~ document Town characteristics;
· review of technical information and facts to be used in completing the GEIS and planning initiative
review;
· initial review of Town affordable
housing
policies;
· initial review ofh~mlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities that were placed on the Town's website for
public information purposes;
· public informational meetings, Town Board updates and dialogue with the Town Board regarding policy
considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· preparation of a build-out analysis;
· preparation of the Draft GELS; and
· three public hearings on the Draft GEIS.
The Town Board recognized the need to comply with SEQRA, and understands the value of this process. The
action was of Town-wide siguiftcance and was considered to be a Type I action which is more likely to require
an environmental impact statement. As a result, the Town Board adopted a number of documents in
conformance with SEQ1L~, including the following important steps
classfficatton of thee action as a Type I action;
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
· issuance of a Positive Declaration;
· receipt of a Draft Scope of the Draft GEIS and setting of the public hearing;
· acceptance of a Draft GEIS; and
· three public hearings on the Draft GELS.
Prior to the last extension of the moratorium the Town Board adopted a final scope, completed and accepted the
Draft GELS, scheduled and held public hearings on the Draft GEIS on three separate dates. Recognizing the
significance of the action, the need and desirability to comply with SEQRA through the use of a GEIS process,
and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town
Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates
and accommodate social needs. Due to public
interests in the DGEIS document, the Town Board held three public heatings and kept the hearing process open
until July 15th in order to tacilitate greater public review and comment.
Since the Town Board las~ voted to extend the moratorium:
a draft Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss
th/s draft on September ~ and September 9, 2003. The text of the draft Final GEIS was revised to reflect the
Town Board input. ~
A Final GEls an~ a Notice of Completion of the Final GElS was issued by the Town Board on
September 9, 2003.
The public review period 6ax/'the FGEIS was expanded beyond th~ ~inimum 10 days required to the
close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of
September 23, 2003.
Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting
on both Wednesday, Seplember 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible
courses of action.
Despite the extensive work taking place by the Town Board additional time is needed beyond the expiration of
the ninety (90) day extengion of moratorium enacted by the Town Board on July 29, 2003.
As a result, the Town Bc,ard of the Town of Southold seeks to extend the moratorium for an additional ninety
(90) day period for the l:urpose of allowing the Town Board to discuss and determine how to implement the
Comprehensive Implementation Strategy and permitting the Town Board time to implement those actions
needed to address the issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of lx-inety (90) Days following the effective date of this Local Law after which date this
Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the
Town Board during the Ninety (90) Day period:
1)
2)
3)
the Planning Board shall not accept for review, continue review, hold a hearing or make any
decision upon any application for a subdivision, whether that subdivision application was
submitted prior to or after the effective date of this law. This law applies to subdivisions
(whether major subdivisions or minor subdivisions) as de£med in Southold Town Code § A-
106-13. The statutory and locally-enacted time periods for processing and making decisions
on all aspects of subdivision applications (including, but not limited to, sketch plans,
preliminary and final subdivision plats) are suspended and stayed while this Local Law is in
effect;
tine Planning Board shall not accept for review, continue review, hold a hearing or make any
decision upon any application for a site plan contaiulng DWELLING UNIT(S), whether
submitted prior to or after the effective date of this law, and shall not be subject to the time
periods specified in Town Law § 274-a and Article XXV of the Southold Town Code,
including without limitation, provisions relating to the, processing, reviewing, holding of
hearings and the rendering of decisions. The statutory and locally-enacted time periods for
processing and making decisions on all aspects of site plan applications containing dwelling
unit(s) a:e suspended and stayed while this Local Law is in effect
The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on,
continu~ a hearing or make any decision upon any application for a special use permit which
application is also subject to Planning Board approval pursuant to the Southold Town Code
where tl'_e Planning Board is prohibited from reviewing, processing, holding hearings on and
making decisions on because of the provisions of this local law, whether said application was
submitted prior to or after the effective date of this local law.
Section 3. APPLICA _~ION
This local law shall apply to ALL [new or pending] applications for either subdivision approval or special
exception use permits and[site plans containing dwelling uuit(s) within the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1)
2)
3)
4)
5)
6)
7)
8)
9)
subdivisions £or which final plat or conditional final plat approval was granted by the Planning
Board prior to the effective date of this local law;
setoffs as defined in the definition of"Subdivision" in Southold Town Code section A106-13;
Lot line applications;
new or pending apphcafions for the subdivision of a parcel of property where interests or rights in
real property (the fee or any lesser interest, development rights, easmnent, covenant, or other
contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent
preservation) ~o either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold
Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the
effective date of this local law;
new or pendir_g applications for the subdivision ora parcel of property where an executed contract
(dated prior to the effective date of this local law) exists to either sell or gift interests or rights in
real property (the fee or any lesser interest, development rights, easement, covenant, or other
contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the
Town of Sout~old (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; thq Peconic Land Trust or the Nature Conservancy;
new subdivisibn applications where an applicant has entered into a contract (dated after the effective
date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser
interest, development rights, easement, covenant, or other contractual right ) to a portion of that
parcel(for pur2oses of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or
the Nature Conservancy; provided that ttmt portion of the propcuiy on which the interests or rights
to property are being sold or g/fled encompasses at least seventy five percent (75%) of the entire
parcel. The following areas are not to be included in the calculation of the 75% threshold: that
portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code),
streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or land within
the coastal erosion hazard area as defined by Chapt~ 37 of the Southold Town Code.;
a site plan application for a two-family dwelling;
a site plan appfication for a bed-and-breakfast;
a site plan app ication for an accessory apartment(s);
Section 5. CONFLICT Vv, TrH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent
with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence
over NYS Town Law pursuant to the Town's municipal home role powers, pursuant to Municipal Home Rule
Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code
§§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings
on, and make decisions cenceming subdivision applications (including, but not limited to, sketch plans,
preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the
rutming of time periods for processing, acting upon, holding hearings on, making decisions and taking action on
such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision
plats) provided for in thos~ laws.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the prov_sions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to
grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend
any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with
the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the
Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon
applications for site plans with/n specified time periods, this local law suspe~,~S and stays the running of time
periods for processing, review, holding hearings on, making decisions, and taking action on such applications
provided for in those laws and is intended to supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being inconsistent with
the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town
Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits
within specified time per~ods, this local law suspends and stays the running of time periods for processing,
reviewing, holding hearir_gs on and making decisions on such applications provided for in those laws and is
intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any provision of this
Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to
alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must
find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare
of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall
take into account the existing land use in the immediate vicinity of the property and the impact of the variance
or waiver on the water su?ply, agricultural lands, open and recreational space, rural character, natural resources,
and transportation infrastructure of the Town. The application must comply with all other applicable provisions
of the Southold Town Code.
b. Any reque ~t for a variance or waiver shall be filed with the Town Clerk and shall include a fee of
five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all
required improvements i~/accordance with the procedures of §A106-25, § A106-27 and Articles III and IV of
Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board, which shall
have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or
waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which
may conduct a public_heating and make a fmal decision on the application, with or without conditions. Final
approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(Complete the certific~U6n in the paragraph that applies to the fuifig of this local law and
strike oat that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the loc ~1 law annexed hereto, designated as local law N.o. 23 of 20 03 of the
~-annt~,vAy)(Town), ..... ~,_) of SOUTItOLD was duly passed by the
TOWN BOARD on OCTOBER 21 ,20 03 , in accordance ~vith the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on ~ 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote ora majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20__, in
accordance with the applicaole provisions of law.
4. (Subject to permissive referendum and Fmal adoption because no valid petition was ~ed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(Connty)(City)(Town)(Villgge) of was duly passed by the
on 20 __ , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applica'Dle provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- w/de
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Charte~ [evision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of Noventher 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became Ol:erative.
(If anY other authorized form of f'mal adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file fi~ this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Elizabeth A. Neville, Town Clerk
(Sea/) Date: __October 29, 2003
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annefeg hereto.
Patricia A. Finnegan, Es~. A~ssistant-Town Attorney
Gregory F. Yakaboski, Es"0~., Town Attorney
Title
Town of
SOUTHOLD
Date: October 29, 2003
(3)
STATB OF NEw YORK
DEPARTMENT OF STATE
4 I STATE STREET
ALBANY, NY I 2~3 I -OOO I
November 17, 2003
RANDY A. DANIELS
Town of Southcld
Town Hall, 53095 Main Road
PO Box 1179
Southold, NY 11971
t~CfflVED
/V0V ,~ 2003
Souff~ol~i To~
RE: Town of Southold, Local Law 19, 20, 21, 22 & 23, 2003, filed on
1013112003
TO Whom It May Concern:
The above referenced material was received and filed by this office as indicated,
Additional local aw filing forms will be forwarded upon request.
Sincerely,
Linda Lasch
Principal Clerk
State Records & Law Bureau
(518) 474-2755
LL:cb
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
October 29, 2003
Federal Express
New York State Depar~ent of State
State Records and Law Bureau
41 State Street
Albany, NY 12231
RE: Local Law Numbers 19 - 23 of 2003
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am
enclosing herewith'certified copies of Local Law Numbers 19 - 23 of 2003 of the Town of
Southold suitable for filing in your office.'
I would appreciate if you would send me a receipt indicating the filing of the enclosures
in your office. Thank you. ·
Enclosures
cc: Town Attorney
Very tmly yours,
Elizabeth A. Neville
Southold Town Clerk
ELIZABETH A. NE~
TOWi~ CLEI{K
REGISTRAR OF VITAL STATISTICS
1VI. ARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-614'5
Telephone (631) 765-1800
sou~hold~own.northfork, net
OFFICE OF TI-IE TOWN CLERK
TOWN OF SOUTHOLD
October 29, 2003
Attention: Shirley Flint
Code Supplmnentation
General Code Publishers Corp.
72 Hinehey Road
Rochester, NY 14624
Re: Town of Southold Code
Local Law Numbers 19 - 23 of 2003
Dear Ms. Flint:
Transmitted herewith please find the Local Law Numbers 19 -23 of 2003.
Please make the appropriate amendments to the Southold Town Code.
Thartk you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
cc: Town Attorney
,Vis. ~,,za.b
and w'i~ be p[ocessea for inclusion in your
~ppli~b!e):
Loc~ ~w Nos, 19-2003 to 23*2033
Southdc NY 11971
Gene~'~.l Code Pubiishers
Phone: 800/838-8834
Pax: 585/328-818~
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOT_CE IS HEREBY GIVEN there has been presented to the Town Board of the
Town of Southold on the 23rd day of September, 2003, a Local Law entitled, "A Local
Law -n Relation to a Ninety (90) Day Extension of the Temporary Moratorium on
the Processing, Review of, and makin~ Decisions on alol~lications for Ma|or
Subdivisions, Minor Subdivisions and Sl~ecial Exception Use Permits and Site Plans
containin~ Dwellin~ Unit(s) in the Town of Southold"; and
NOT~CE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold hereby sets 5:25 P.M., October 21, 2003~ Southold Town Hall, 53095 Main
Road. Southold~ New York, as the time and place for a public heating on this Local
Law, which reads as follows:
LOCAL LAW NO.
2003
A Local Law in Relation to a Ninety (90) Day Extension of the Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for
Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site
Plans :ontaining Dwelling Unity(s) in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Toam-wide moratorium was enacted by the Town Board of the Town of Southold on
August 20, 2002. To date this moratorium has been extended twice, first by six months
and most recently by 90 days. The currant moratorium is set to expire in early
November, 2003. The moratorium was intended to provide sufficient time for the Town
to consider the recommendations of the Blue Ribbon Commission and to
comprehensively review Town planning issues such as affordable housing, completion of
the Lc cal Waterfront Revitalization Plan (LWRP) and understand needed public
infrastructure including consideration of hamlet areas and transportation systems.
The Town Board established a moratorium planning team consisting of the Town
attorney, Town planner and land preservation coordinator, as well as two planffmg
consu_tants and two legal consultants. The team was directed to review Town planning
goals, past planning studies, and studies that assist the Town Board in achieving the goals
of the Town. The moratorium planning team established a schedule of tasks wit(ch
included past plan review, synthesis ofplanning recommendations, obtaining input from
Committees and Boards, assessment of Town planning and zoning policies, and
utilization of a Generic Environmental Impact Statement (GEIS) procedure to inform the
Board, involved agencies and the public of the Town's initiative. In addition, the GEIS
was ir_tended to take a "hard look" at the implications and potential impacts of the
comprehensive implementation strategy, allow for review of mitigation and alternatives,
and provide a procedure to allow a rational and logical implementation strategy to evolve
from an organized process. The Town Board authorized the moratorium planning team to
proceed with the task and schedule provided to the Town Board on October 8, 2002.
The moratorium planning team met on a weekly or asmeeded basis to advance the tasks
and schedule as authorized by the Town Board. Prior to the last extension of the
moratorium the team completed a number of important tasks, including:
review of past studies;
[] synthesis of past planning recommendations;
[] review of Town Code, policies and definitions;
preparation of Geographic Information System (GIS) resource maps in
cooperation with Town data processing staffto document Town characteristics;
[] review of technical information and facts to be used in completing the GEIS and
planrfing initiative review;
· initial review of Town affordable housing policies;
[] initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and depar~nent heads;
· preparation of materials and updates of ongoing activities that were placed on the
Town's website for public information purposes;
[] public informational meetings, Town Board updates and dialogue with the Town
Board regarding policy considerations;
· preparation of draf~ documents for Town Board implementation and conformance
with State Environmental Quality Review Act (SEQRA) procedures;
preparation of a build-out analysis;
[] preparation of the Draft GEIS; and
· three public heatings on the Drat~ GEIS.
The Town Board recognized the need to comply with SEQRA, and understands the value
of this process. The action was of Town-wide significance and was considered to be a
Type _- action which is more likely to require an environmental impact statement. As a
result, the Town Board adopted a number of documents in conformance with SEQRA,
including the following important steps:
classification of the action as a Type I action;
[] desiguation of the Town Board as lead agency;
preparation of an environmental assessment form;
issuance of a Positive Declaration;
receipt ora Draft Scope of the Draft GEIS and setting of the pubhc hearing;
acceptance of a Draft GEIS; and
three public heatings on the Draft GEIS.
Prior to the last extension of the moratorium the Town Board adopted a final scope,
compI:ted and accepted the Draft GEIS, scheduled and held public heatings on the Draft
GEIS ~n three separate dates. Recognizing the significance of the action, the need and
desirability to comply with SEQRA through the use of a GEIS process, and the
subse¢ uent need to determine the ultimate series of recommendations to be implemented,
the Town Board sought to ensure that sufficient time was set aside to complete the
SEQRA process, meet legal mandates and accommodate social needs. Due to public
interests in the DGEIS document, the Town Board held three public hearings and kept the
hearing process open until July 15t~ in order to facilitate greater public review and
comment.
Since the Town Board last voted to extend the moratorium:
a draf~ Final GEIS was submitted to the Town on August 29, 2003. The To~vn
Board met to discuss this draft on September 4 and September 9, 2003. The text of the
draft Final GEIS was revised to reflect the Town Board input.
A Final GEIS and a Notice of Completion of the Final GEIS was issued by the
Town Board on September 9, 2003.
The public review period on the FGEIS was expanded beyond the minimum 10
days required to the close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by
the Town Board of September 23, 2003.
Since the adoption of the Findings Statement the Town Board has held a special
Town Board meeting on both Wednesday, September 24, 2003 and Thursday, October 2,
2003 to discuss relevant issues and possible courses of action.
Despite the extensive work taking place by the Tova~ Board additional time is needed
beyond the expiration of the ninety (90) day extension of moratorium enacted by the
Town Board on July 29, 2003.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for
an adcitional ninety (90) day period for the purpose of allowing the Town Board to
discuss and determine how to implement the Comprehensive Implementation Strategy
and p~rmitting the Town Board time to implement those actions needed to address the
issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) Days following the effective date of this Local Law
after which date this Local Law shall lapse and be without further force and effect and
subject to any other Local Law adopted by the Town Board during the Ninety (90) Day
period:
1) the Planning Board shall not accept for review, continue review, hold a
hearing or make any decision upon any application for a subdivision,
whether that subdivision application was submitted prior to or after the
effective date of this law. This law applies to subdivisions (whether
major subdivisions or minor subdivisions) as defined in Southold Town
Code § A-106-13. The statutory and locally-enacted time periods for
processing and making decisions on all aspects of subdivision
applications (including, but not limited to, sketch plans, prehminary and
final subdivision plats) are suspended and stayed while this Local Law
is in effect;
2) the Planning Board shall not accept for review, continue review, hold a
heating or make any decision upon any application for a site plan
containing DWELLING UNIT(S), whether submitted prior to or after
the effective date of this law, and shall not be subject to the time periods
specified in Town Law § 274-a and Article XXV of the Southold Town
Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of
decisions. The statutory and locally-enacted time periods for processing
and making decisions on all aspects of site plan applications containing
dwelling unit(s) are suspended and stayed while this Local Law is in
effect
3) The Zoning Board of Appeals shall not accept for review, continue
review, hold a hearing on, continue a hearing or make any decision
upon any application for a special use permit which application is also
subject to Planning Board approval pursuant to the Southold Town Code
where the Plarming Board is prohibited from reviewing, processing,
holding hearings on and making decisions on because of the provisions of
this local law, whether said application was submitted prior to or a~ter the
effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either
subdivision approval or special exception use permits and site plans containing dwelling
unit(s) with'm the Town of Southold.
Secticn 4. EXCLUSIONS
This Local Law shall not apply to:
1)
2)
3)
4)
s)
subdivisions for which final plat or conditional final plat approval was granted
by the Planning Board prior to the effective date of this local law;
setoffs as defined in the defihition of "Subdivision" in Southold Town Code
section A106-13;
Lot line applications;
new or pending applications for the subdivision of a parcel of property where
interests or rights in real property (the fee or any lesser interest, development
rights, easement, covenant, or other contractual right ) to a portion of that
parcel have been sold or gifted (for purposes of permanent preservation) to
either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the
Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy, prior to the effective date of this local law;
new or pending applications for the subdivision of a parcel of property where
an executed contract (dated prior to the effective date of this local law) exists
to either sell or gift interests or rights in real property (the fee or any lesser
interest, development rights, easement, covenant, or other contractual right )
to a portion of that parcel (for purposes of permanent preservation) to either
6)
7)
8)
9)
the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold
Town code); the County of Suffolk; the Pecorfic Land Trust or the Nature
Conservancy;
new subdivision applications where an applicant has entered into a contract
(dated after the effective date of this local law) to either sell or gift interests
or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel(for
purposes of permanent preservation) to either the Town of Southold (pursuant
to either chapter 6, 25 or 59 of the Southold Town code); the County of
Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that
that portion of the property on which the interests or rights to property are
being sold or ~fted encompasses at least seventy five percent (75%) of the
entire parcel. The following areas are not to be included in the calculation of
the 75% threshold: that portion of the parcel which is wetlands (as defined
by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes
over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or
development or land within the coastal erosion hazard area as de£med by
Chapter 37 of the Southold Town Code.;
a site plan application for a two-family dwelling;
a site plan apphcation for a bed-and-breakfast;
a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO
SUPE?,SEDE
To the extent that any provisions of this Local Law are in conflict with or are
constraed as inconsistent with the provision of New York State Town Law this Local
Law supersedes, amends and takes precedence over NYS Town Law pursuant to the
Town's municipal home nde powers, pursuant to Municipal Home Rule Law §
10(1)(fi)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority.
In particular, tins local law supersedes Town Law 9 276, Town Law 9 278, and
Southold Town Code §99 A106-21, A106-22, A106-23 and A106-24, which require that
the planning board act upon, hold hearings on, and make decisions concerning
subdivision applications (including, but not limited to, sketch plans, preliminary and final
subdivision plats) witinn specified t/me periods. Tins local law suspends and stays the
rusm/hg of time periods for processing, acting upon, holding heatings on, making
decisions and taking action on such subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of tins Local Law are construed as being
inconsistent with the provisions of Town Law 9999 267, 267-a, 267-b, 267-c or 282
relating to the authority to grant variances, waivers or other relief from this Local
Law, this Local Law is intended to supersede and amend any said inconsistent
a~thority.
And, to the extent and degree any provisions of tins Local Law are consmted as
being inconsistent with the provisions of Town Law § 274-a and the provisions and
requirements set forth in Article XXV of the Southold Town Code, which require that the
Plarming Board process, review, hold hearings on, and act upon apphcations for site plans
within specified time periods, this local law suspends and stays the running of time
periocs for processing, review, holding hearings on, making decisions, and taking action
on such applications provided for in those laws and is intended to supersede and amend
any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law 9§ 267-a and 274-b and the
provisions of Article XXVI of the Southold Town Code, wh/ch require that the Zo~ng
Board of Appeals act upon applications for special exception use permits within specified
time periods, tins local law suspends and stays the rtmning of time periods for processing,
reviewing, holding heatings on and making decisions on such applications provided for
in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application
of any provision of tins Local Law, in its legislative discretion, upon its determination,
that such variance or waiver is required to alleviate an extraordinary hardship affecting a
parcel of property. To grant such request, the Town Board must fred that a variance or
waiver will not adversely effect the purpose of this local law, the health, safety or welfare
of the Town of Southold or any comprehensive planning being undertaken in the Town.
The Town Board shall take into account the existing land use in the humediate vicinity of
the property and the impact of the variance or waiver on the water supply, agricultural
lands, open and recreational space, rural character, natural resources, and transportation
infrastructure of the Town. The application must comply with all other apphcable
provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk
and shall include a fee of five hundred ($250.00) dollars for the processing of such
application, along with copies of such plat showing all required improvements in
accordance with the procedures of §A106-25, § A106-27 and A~icles Ill and iV of
Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning
Boar~, which shall have thirty (30) days following receipt to make a recommendation to
approve or disapprove a variance or waiver of this Local La~v. The application and
recommendation shall be transmitted to the Town Board which may conduct a public
hearing and make a final decision on the application, with or without conditions. Final
approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any c,urt of competent jurisdiction to be invalid, the judgment shall not effect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect inunediately upon filing with the Secretary of State as
provided by law.
BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TO;VN OF
SOUTHOLD, SEPTEMBER 23, 2003.
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON OCTOBER 9, 2003, AND FORWARD ONE (1)
AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK,
TO~3N HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
Traveler Watchman
Town Attorney
Planning Board
John Cushman
Town Board Memb~s
Building Department
Zoning Board of Appeals
Town Cleric's Bulletin Board
STATE OF NEW YORK )
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly ~wom, says that on the day of ,2003, she affixed a
noticg of which the annexed printed notice is a tree copy, in a proper and substantial
maun~r, in a most public place in the Town of Southold, Suffolk County, New York, to
wit: ]'own Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Public Hearing: A Local Law In Relation to a Ninety (90) Day Extension of the
Temporary Moratorium on the Processine, Review of, and making
Decisions on applications for Maior Snbdivisions, Minor Subdivisions
and Special Exception Use Permits and Site Plans containine Dwelline
Unit(s) in the Town of Southold.
Elizabeth A. Neville
Southold Town Clerk
Sworr~ before me this
~ day of ,2003.
~fNotary Pul~lic'
LYNDA M. BOHt,I
NOTARY PUBLIC, State of NeW York
No. 01BO6020932
Qualified in Suffolk County
Term Expires March 8, 20~.
Il
lug. c'o,n'flcllon o1' IIIc I.ocal I ac,lira vduch'is UJgl'..' hkel.~'.lO
Ih)ald adol'ued ti IILI!IiI'J',:I oJ'di)~-
':I'd
..~.hedlilCd. :[li%l il.Il:; l.ublic hm-
need :Uld dcqml~]lil, io L'Ol'.Ip[~
:, ~il ,IS' i'U~)L'C1..;., aud lll~' %l.:l):,¢-
qocnl lle~%l lo dc:,:mfillC lhe Lilt]-
lo be i:,: :k' nen:ed~ lh¢ 'l~vwn
f]cq¢lll fi 11~:'
c~)il:l~l~l~ Ih:
~ilme d,~ 'l'o~Til' [iOal'd hlsl
' ~l dllal] Fin~l (.il,.l~ .0~
Oil [~ ]ICll[[}~l' ~. aud ~l)ICUlb~,l
- A l'mal ('.il{l~ all~
p~od on the-~GEfS xva~
0 da%s l'cquifod ,o Ils. chmc oi'
the E~gs s~emeht
2003 and Ihur>da~. Oclobm' 2.
2003 le dbcu.~s r~:lu~anl
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Lise Marinace, being duly sworn, says
that she is the Legal Advertising
Coordinator, of the Traveler Watchman,
a public newspaper printed at Southold,
in Suffolk County; and that the notice of
which the annexed is a printed copy, has
been published in said Traveler
Watchma? once each week
for ............ / week([:/- t~ccessively,
cofi~&~ g_ on?~he ........ Y.. ..... day of
o3.
.~.. ~..~...~;..~., ..., 2003.
Notary Public
Emily Hamill
NOTARY PUBLIC. State of New York
No. 01ItA5059984
Qualified in Suffolk County
Commission expires May 06, 2006
l~k~tic¢ of Compte~ion:,-~ the
F~I, GEIS w~ issa~ by~e
Tom Bo~d ~ Septem~ %
2003,
- The pqblia ~ ~
p~i~ on ~e. FGEIS w~
}- review of technical inf0rma~ expanded beyoBd the minimum .
tion and facts to-be mod in:eom- 10 days required.to the,dose of
~l..et~g :the QEIS and,plannlns ' bu$i~es!~ on Soptemb¢~ 22,
initia~ve remew; . . 2003.
- ~ A Stat~ .En~dronmo~tal
fuifi~l r~iew of hamlet cern Statem~at was adepte~/by. ¢
~ers mmSition z6nes andm~ml Tc~q)::Board o~:Septemb~ 2~,
areas,~of the,To.n; 2003.: -
· m¢oting~ a~l intendeWSrWith ,8in~ ,~ adoption, of
loW? staff and department, the Findings Statement the
~[~la~s~rom~r~cealr)gpage visions "of this local, ~aw, portion :of the 'pa~ceI Whlchis acO~dtonsuchap~plicatmnspro- gr
' ' , · whett~ smd application was wedands(usd~finedby~h~.aP~t~ ..vio~d?.o~j i~thos¢ la_w~0~
h~vn~cl the, exultation-of the subn~tted. Tmor~to or after,the 97 oftlie Senth~ldTown ~;o~ej niteatted, .to ~grseae ~ano an
~J~-tg'~'~ ~t~- e--~te- nSi~l~ of effective d~m of this 10eal 1aw' , st~eams~ creeks, ponds, sI~pes am~nd.-any 'sai~,-inconsistenf
morat0nnm~: ' eh'acted liy'-the Sectio]~3 '. APP~LICA- o~r t5%,undem~aterland, land .... aathority... . -: j' .:
Town Board On July 29¢ g003:~ TION '-' '--':'-. :' ~. encumbered:lay easemeats,,;or And~to,the*x~tsat an~oegsee
As a result, the Town Boara'of This local .law s~h. all apply, to othe~re~stt¥~o~us pr~ent~..g~ase- _any -pr~msm~ ,.o[ :~m' ,I{o: ?al.' th,
the To'~.ql of S0ath¢]d~qeekq- to AI~L. [new: or ,p~dinff]' applica- of sud~ tafid for,co.usmlc~oa, nf Law ~e cgnst~t~., as..~.mg -de
c~lc!al thc :vomnu'n:!v flu an tion~,'for ei, the~. suhdi~si0n bnildiggs ~r-development.' or inci~iiqi~;'kn! t~ifll Ilo 'pmtl~i06q o1~
dddimmal ilill:'i~ ;*)Iii d:l~ pcli- appro~al.aar special ex~ion land wifliin the coastaL:ca~g'I9n ol"li~wn I :itt §f 23"-a and ?4-
od.for the: pta-p~osb df'~owi~/g ase-j~ermits _and, site]~!ans .c.,o9- hazard ~a~a':'a~ ,~de ~fin*c!~! ,b~', b. qn~l ,he. t,ro, ,¥o,.? el .'¥',,clc
the ToV~Ja Board to:discns~an~ tal!a~g ~l~,'g umt(s) v~tl~n Chapter. D{. o~ the, ~5ou~tt0m XX} [ el ihe Soantold .I. ox.[n .
detctmine how to implement the the Tom.of._S.?L~o~[d~:~L .~ TownCo~.de2; .. :; . ' ;! ' (g~d~ thaf the e~
Compmh~si~e Implementation Seetton 4: I~XCLUU~Om'~ - :.' o O a s~ne..t~ ~J~?~?~r
St~eW4~' and ~0ermit4ing .the This, L0cal Law shall not t~0nfora,Oar0*:mnmy~owemg;''
~'~'~ goa~d tinge to. implement apPly to: ., '. 8) a, site~ptun~: _appli~-
those-aedOusneedad to a:dd~ess ' . t) subdivisions .for tioa for a;bed-an&lneakfast7 , '
the issues c~vered by thiamo~a¢ wlkicb, final.plat or cmiCdit!onal . . ?). a slte.planr:appliea-
to~nm.- ' :. : [ma?plat approval ~as..granted tion fpr-an.:~acenss~ry .apart- B
Section 2 ENACTMENT. OF by the plmmmg Board 'prior to n~ent(s); · -., ',' :
TEIX~POt~RY 'MORATORI- the effective date of-this lecal Sectio~ 5. CONt?LiCT on
UM law; ~rlTH- STATE ST~S
For a period of ~inety {90)
Days following the effective
date :of this Local Law al~
which date this Local Law shall
lapse, a~dbe without fm-ther
force and effect and subject to
~y other Local Law adopmd by
e Town Bdard during th~
Ninety (90) Day period:
i · l) the Planning Board
§hal}not accept for review, con-
tinue review, hold a hearing or
make any decision upon any
application for a snbdi~'sion,
whether that subdivision ~iPPti-
cation was .submitted prior to or
after the effective da~e of this
[aw. This law applies to subdi-
visions (whether mjor sabdivi-
sions o~ n~er subdivisions) as
defined in Southold.Town Code
§ A-106-13. The_statatq..E~, and
locally-eimcfed ffme peiidds for-
processing and making deei-
sions m- al~ aspects Of subdiyi-
sion ~pplicati0ns (inelading, but
not limited to, sketch, plan~, pre~
liminary and final shbdivisinn
pwlilats) are:.suspended and stayed
ile this Local Law is. in
effect:
2) the Planning Boartl
sltall not accept fox revi~W~ con-
tinue-mview, hold a lie~g or
make a~y deeisio~ upon any
applic~tien for a site. plan eon-
t~ining DWELLING USqlT(8),
whether.submitted prier to or
afte~ the effecli've date of this
law,-and~ shall-not-be .subject to
the time periods specified in
Tom Law.§ 274-a and Artidle
XXV ~f-the Sunthotd Town
Code, ,including without limita-
tion, pro'~isions relating tO the,
processing, reviewing, holding
o£hearin~s and the ~eadering of
&/eisioas; :T~he st:a~mt0ry;, and
loosll?:-en~ted time periods fei'
pro~essing and makihg deci-
sions ma all aSPedts 'of 'sit~p.lun
~wpp:ficatidns~ containing
elling-unit(s) are sUsp?nded
and stay~d~ wh~le thi~'Eocal Law
iS in effect
3) The Zoning Board
of Appeals shall no~ accep! for
mview~ continue review, hold 'a
hea*thg ca, continue a he~g
qr make any decision upon any
~it~lieatio~'for a special ~ per-
rmt which application is also
subje¢[ ~6 · Plarmthg -Board
approval pursuant, to: the
$~Uthold'Tm Code wkere: the
gfaiming-Board is.:pmhilyite3
from reviewing, processing,
holding hearings on~ar~d making .
2) setoffs as defined ~
the del:tuition of '~Subdivisiun'
in Southold Town Code section
A106-13;
3~ Lot line :applica~
tions:
~) new or. pending
applications .for the suhtlivision
of a parcel of proper~y where
interests or rights in real proper~
ty (~e fee or any lesser interes*,
development fights, easement,
right ) to: a pottion of~at parcel
have been. sold or gifted (for
purposes of permanem preser-
vation) 'to'~either thc Town of
AI~ ' AUTHORITY:.-'.TO
SIJPERSEDE
To the ~xt~t that my provi-
Mons 6f this'Local Law a~e
conttic~-~Sth or are construed as'
inconsistent with the prov~sioa
of New York. State Toww~aw
thia
mends and takes'
0~er'N~S To,_w~._ Law tmrsuaar
to' the Town s-municipal home
role ~pow~rs; pursuant .
Munictpal Home R~e. Law §
~00)(ii)(d)(3); - . :- §
10(t)(ii)(a)(14)- and § 22 to
supercede any :inconsistent
authority.
Southold (pursuant to either In portiere!or, this locgl law
chapter 6, 25 or 59 of the supersedes To,ara' .Law' § 276;
Southold Town cgde); the Town Law§ 278, and Southold
County of Suffolk; the Pecenic Town' Code §§{ 'A:~06~2~,
Land Trust~ ~r..tha:~:htatm~.
Conse~va~d}f, pr~.'or to. the ~ffdc- whicl~'reqnimtliattheplhmiing
five date of this local law; beard .act upon, hold hearings
· 5) ,new 'or pendinqg on, and. m~ke decisions con-
apphcations fo~ the subdivision ceming sub~ddvision ap~pti, calions
cfa parcel of properly where an (including,: ;but not ,Ifmited t6,
executedc0ntract (datedlyderto sketeh, plaff~, preliminary and
the ~ffeefive date-of this'local fin~ subdivision plafs), within
lave) exists to either sell or gift s~0ecifind' time periods. This
interests or rights in real properr local law suspends and stays the
ty (the'fee crony lesser interest, Dmnin~ ol~time~peaYioit{~f0r pro-
developmeot rights:, easement, cessingj .acting U156fl,.~ holding
covdnant, er'*ther centmctaal hearings dg'.makid~;dec~ions
right } to a portion of:that parcel
(for purposes_: of permanent dixds~nt l~aPm~Catious (in~Iirfling,
preservation) to eithe~ the Town B~T h6t: 'mi~d toi sketcli plahs;
of Southo16 {pUrSmmt to either P..'.~2 and'~m~qsubdiv~-
chapter 6, 25 6r ~ 59 Of the s ,foriu those
SoTith~td gown code); 'the
Coum~ of'Suffolk;' the Pecoinc
Land Trust or the Nature
Conservancy;' Eh.w 'are constraed :gs:;bei~g
6) 'new subdivision in¢onsistent*dth:the:provi~;i~ns
applicatious where an applicant
has entered into a contract
(dated,at'er the 6ffgctive date of ~!auth0ri~,~o'~ varia~6~,
this local tare}, t~ either sell or
gift .interests or rigla~ in real I.ocal t.ag. thR I oc~ I.:.~v
property (the fee-,or any lesser '
interest, :de4getopment rigl~ts;
easement, Covenant, or other
contrae_mal right ) m aportion of
that parcel(fey purposes.~of~er,
man,et, presar~ation) to.:either
the T¢~Wa oi: $outhold (pu~stmnt
t0 eithar.chapter 6, 25: m* · 59 of
the Southold Town code); the
Conmy :of Suffotk; the Peconie
Land~, Trust or the 'Nature
Couse~¢aney; provided that
that portion of:thc prope~Tty ~
Which the intarests or'rights to
p~roperty are-being sold or gi~d
d~Compasses at,least' seventy
tlVe.l~ment (75%) of, the'entke
parcel. The following areas are
notlobe'inclnded in the calcula-
S(
AI~PEAL PROCE-
The 'Town
anco 6r .waiq/~-is reqaked to
allem'ate an e~or~ hard-
ship 'affecting a:/pai~el"of'pr0p-
.eyty. To grant stink r~CLUest, the
Td~m Boai-d .~U~. f~t that .a
v~/ianc~i'or wai~ will not
adv~r~elM 'effe~r th~ purpose of
this loc~alj,la~,Ahe health, safety
~ w~Km al'the To.~Z of
or wmver
hl~oll>iMC[ll ',*,ilh thc pre', iSlOlt-
ol"lb~n I.a~& ~ 274-s all'.l Iht
i'orlh ill Arth'lc XX~ el' Iht
'qoulhold hm, I, Code. whicl',
OIL and iici L] )OH appli¢.h~{n4
ft~r ~ w plan. ~ L ~ n Sl~t"'
limt, pd'ioc . Ihl, local Ilm
filed Clerk"~d
stv~ll,inc3,,ude a fee of fiv~ hun,
Im~Cc>~ii~5 b~ gacli il:qqk't~ti0i~.
41Ot~illq all I~'qui'ed
m~ ]~. ack,ce ~m ~e
n[4plida~ otis ~ii~[i. ~-~fth
Pianl41m Iloald. ~hk'l: 4mil
hli~c Lhfi't~ (30) dsS~ [blhnving
i.a~. ,'1 hc ap )lic,;lion nl)d rec-
I~1 Io thc Ib~l: Board
applicllth}ll. ~silll or ~Jlllotll
enlldiliens. Fim. I ap*[o~:d
t'CnCl'~xJ tt) tll~ al:~ohltc
Iix¢ (lisel¢ttOl ')1' Ih~'
SOUTHOLD TOWNBOARD
PUBLIC HEARING
October 21, 2003
5:25 P.M.
HEARING ON A LOCAL LAW TO EXTEND THE CURRENT MORATORIUM FOR A
THREE- MONTH PERIOD.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman William D. Moore
Councilman Craig A. Richter
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the To~vn
rd
Board of the Town of Southold on the 23 day of September, 2003, a Local Law entitled, "A Local
Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the
Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor
Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in
the Town of Southold"; and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold hereby
sets 5:25 P.M., October 21, 2003, Southold Town Hall, 53095 Main Road, Southold, New York, as
the time and place for a public hearing on this Local Law, which reads as follows:
LOCAL LAW NO. 2003
A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the
Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor
Subdivisions and Special Exception Use Permits and Site Plans conta'ming Dwelling Unity(s) in the
Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intc~nt
A Town-wide moratorium was enacted bv the Town Board of the Town of Southold on August
20, 2002. To date this moratorium has been extended twice, first by six months and most recently
by 90 days. The currant moratorium is set to exoire in early November, 2003. The moratorium
was intended to provide sufficient time for the Town to consider the recommendations of the
Blue Ribbon Commission and to
October21,2003 I 2
Public Hearing-Moratorium extension
com[}rehensivelv r~view Town [}lannin~ issues such as affordable housing, comvlefion of the
Local Waterfront Revitalization Plan (LWRP) and understand needed [}ublic infrastructure
including considera}ion of hamlet areas and trans[}ortation systems.
The Town Board established a moratorium [}lanning team consisting of the Town attorney,
Town [}lanner and land [}reservation coordinator, as well as two planning consultants and two
legal consultants. The team was directed to review Town [}lanning goals, vast [}lannin~ studies,
and studies that assist the Town Board in achieving the goals of the Town. The moratorium
planning team established a schedule of tasks which included [}ast [}lan review, synthesis of
[}lanning recommendations, obtaining in[}ut from Committees and Boards, assessment of Town
[}fanning and zonin~ [}olicies, and utilization of a Generic Environmental Im[}act Statement
(GELS) [}rocedure to inform the Board, involved agencies and the [}ublic of the Town's initiative.
In addition, the GEIS was intended to take a "hard look" at the im[}lications and [}otential
im[}acts of the com[}rehensive implementation strate~,v, allow for review of mitigation and
alternatives, and [}rovidc a [}rocedure to allow a rational and logical im[}lementation strateev to
evolve from an organized [}rocess. The Town Board authorized the moratorium [}lanning team to
vroceed with the task and schedule [}rovided to the Town Board on October 8, 2002.
The moratorium planning team met on a weekly or as-needed basis to advance the tasks and
schedule as authorized by the Town Board. Prior to the last extension of the moratorium the
team com[}leted a number of im[}ortant tasks, including:
· review of past studies;
synthesis of past planning recommendations;
· review of To~x'a Code, policies and definitions;
· preparation of Geographic Information System (GIS) resource maps in cooperation with Town
data processing staff to document Town characteristics;
· review of tecmical information and facts to be used in completing the GEIS and planning
initiative review;
· initial review of Town affordable housing policies;
· initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with To~vn staff and department heads;
· preparation of materials and updates of ongoing activities that were placed on the Town's
website for pffvlic information purposes;
· public informational meetings, Town Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmenta/Quality Review Act (SEQRA) procedures;
· preparation of a build-otu analysis;
· preparation of the Draft GEIS; and
· three public hearings on the Draft GEIS.
The Town Board recognized the need to comply with SEQRA, and understands the value of this
process. The action w~s of Town-wide significance and was considered to be a Type I action which is
more likely to require an environmental impact statement. As a result, the Town Board adopted a
number of documents in conformance with SEQRA, including the following important steps:
· classification of the action as a Type I action;
· designation of the Town Board as lead agency;
· preparation of an environmental assessment form;
October 21, 2003 3
Public Heating-MorAtorium extension
[] issuance or,Positive Declaration;
· receipt ora l~raft Scope of the Draft GEIS and setting of the public hearing;
· acceptance ora Draft GEIS; and
· three public Bearings on the Draft GEIS.
Prior to the last extension of the moratorium the Town Board adopted a final scope, completed and
accepted the Draft GEIS, scheduled and held public hearings on the Draft GEI[S on three separate
dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA
through the use of a GEIS process, and the subsequent need to determine the ultimate series of
recommendations to be implemented, the Town Board sought to ensure that sufficient time was set
aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to
public interests in the DGEIS document, the Town Board held three public hearings and kept the
hearing process open until July 15th in order to facilitate greater public review and comment.
Since the Town Board last voted to extend the moratorium:
a draft Final 3EIS was submitted to the Town on August 29, 2003. The Town Board met to
discuss this draft on September 4 and September 9, 2003. The text of the draft Final GEIS was revised
to reflect the Town Board input.
A Final GEIS and a Notice of Completion of the Final GEIS was issued by the Town Board on
September 9, 2003.
The public review period on the FGEIS was expanded beyond the m/n/mum 10 days required
to the close of business on September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of
September 23, 2003.
Since the adoption of the Findings Statement the Town Board has held a special Town Board
meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant
issues and possible courses of action.
Despite the extensive work taking place by the Town Board additional time is needed beyond the
expiration of the ninety (90) day extension of moratorium enacted by the Town Board on July 29,
2003.
As a result, the Town Board of the Town of Southold seeks to extend the moratorium for an additional
ninety (90) day period for the purpose of allowing the Town Board to discuss and determine how to
implement the Comvrehensive Implementation Strategy and permitting the Town Board time to
implement those actions needed to address the issues covered by this moratorium.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of Ninety (90) Days following the effective date of this Local Law after which
date this Local Law shall lapse and be without further force and effect and subject to any other Local
Law adopted by the Town Board during the Ninety (90) Day period:
1) the Vlanning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of tiffs law. This law
applies to subdivisions (whether major subdivisions or mi~or subdivisions) as defined
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for 2rocessing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, prelim/nary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a heating or
make any decision upon any application for a site plan conta'ming DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
October 21, 2003
Public Hearing-Moratorium extension
4
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of-he Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications conta'ming dwelling unit(s) are suspended and stayed
wkle this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a
special use permit which application is also subject to Planning Board approval
pursuant to the Southold Town Code where the Planning Board is prohibited from
rexr_ewing, processing, holding hearings on and making decisions on because of the
provisions of this local law, whether said application was submitted prior to or after
the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval or
special exception use permits and site plans conta'ming dwelling unit(s) ~vithin the Town of Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisicns for which final plat or conditional final plat approval was granted by the
Planning ~3oard prior to the effective date of this local law;
2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106-
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, prior to the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of propc~y where an executed
contract (dated prior to the effective date of this local law) exists to either sell or gift
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent preservation) to either the To~vn of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or ~ft interests or rights in real property (the
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a port:on of that parcel(for purposes of permanent preservation) to either the Town of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to )e included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defmed by Chapter 97 o£the Southold Town Code), streams, creeks,
October 21, 2003
Public Heating-Moratorium extension
5
ponds, s_opes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan apphcation for a two-family dwelling;
8) a site plan apphcation for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town'~ municipal home rule powers, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the plauning board act upon,
hold heatings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preLminary and final subdivision plats) within specified time periods. This local law
suspends and stays the running of time periods for processing, acting upon, holding hearings on,
making decisions and taking action on such subdivision applications (including, but not limited to,
sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as being inconsistent
with the provisio~ns of Town Law §§ §§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to
grant variances, waivers or other relief from this Local Law, this Local Law is intended to
supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the $ outhold Town Code, which require that the Planning Board process, review, hold
heatings on, and act npon applications for site plans within specified time periods, this local law
suspends and stays the nmning of time periods for processing, review, holding heatings on, making
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amen/_ any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI
of the Southold Tovm Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provide/_ for in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The T~wn Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination,
that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of
property. To grant such request, the Town Board must find that a variance or waiver will not adversely
effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any
comprehensive planning being undertaken in the Town. The Town Board shall take into account the
existing land use in the immediate vicinity of the property and the impact of the variance or waiv~ on
the water supply, agricultural lands, open and recreational space, rural character, natural resources, and
October 21, 2003 6
Public Hearing-Moratorium extension
transportation infrastructure of the To~vn. The application must comply with all other apphcable
provisions of the Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
~clude a fee of five hundred ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvcnnents in accordance with the procedures of §A106-25
, § A106-27 and Articles 1/I and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public_heating and make a £mal decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this la~v as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
COUNCILMAN WICKHAM: I am not going to read all of the details of this local law. I think
everybody here knows about the moratorium that has been in place for some time now. This proposal
would, if ~nacted, extend the moratorium by 90 days from its current date of expiration, which I
believe is November 15. Another 90 days from November 15 which is the current date that the
moratorium would expire by. I have a lengthy legal, many columns here that incorporates all of the
text of that proposal ~n the Traveler-Watchman and we have a similar notice that has appeared on the
Town Cl~rk's bulletin board. Today we received a memorandum from our Southold Town Planning
Board which says in effect, 'Plmming Board has reviewed the proposed local law to extend the
moratorium for an additional three months and offers the following comments: The majority
consensus of the Board is that the moratorium has yet to be extended because the Town Board is not
yet provided a clear directive as to what actions will be taken to control development once the
moratorium ends, nor has it put into place needed staff and procedures to deal with existing
applications as well as new subdivision and residential site plan applications that are anticipated. The
minority opinion of the Board is that the moratorium should not be extended. It is time for the Town
Board to make the hard decisions necessary to protect Southold from the rampant over-development
that has destroyed th~ rest of the Island and has already begun to do the same in Southold.' I have a
notice from the Department of Planning from the Suffolk County that says this is a matter of local
determmatmn, which !should not be construed as either approval or disapproval.
SUPERVISOR HORTON: Anything further? Thank you. We offer the floor to the public to address
the Board on this spemfic heating.
JIM GRATHWOHL? I am Jim Grathwohl fi'om Cutchogue. I want to underscore what I had said
several weeks ago but I also want to indicate that I am representing a relatively new group of
concerned citizens and we are calling ourselves "The Concerned Citizens for the Conservation of
Southold" and we joined together because we were very upset with the acrimony and almost the hatred
October 2l, 2003 7
Public Heating-Moratorium extension
that has been focused on this particular issue. And I am going to read the names of our members. You
will see that some of us are farmers, some of us are open space people, some of us are conservationists,
some of us are Republicans, some of us are Democrats and some of us are Independents. In
alphabetical order we consist of: Chris Baiz, Ed Booth, Jim Grathwohl, Charlotte Hansen, Alice
Hussie, Eric Keil, Martin Sidor, Ronnie Wacker, Alex Wipf and Gerry Woodhouse. Hopefully, the
Town Board will pass this extension of the moratorium for two reasons, and first of all, I lmve respect
for everyone of you sitting there but I was very upset when you put Tom down for what he said and
studied because you know it is the truth. And then I was very pleased to hear that the Planning Board
has also recommended extending the moratorium for the simple reason that if it is not extended, you
have nothing in place to preserve what we are trying to preserve with either keeping two acre zoning or
five acre zoning. Why flirt w/th disaster when fight now, the program is working. Don't fix it until it
is broken. We also feel that the moratorium was designed to give the Town time to implement
preservation tools. Well, there has been talked about and talked about but nothing has been put in our
hands, that is the electorate, the people sitting here, the senior citizens, the business people, no matter
who they are; if you go out there everyone wants to know what is going to happen? Five acre zoning
is not clear, we are already attaining the goals under the moratorium that we want under five acre
zoning. I would like to see the moratorium extended, not inde£mitely but certainly for six months until
some of these ideas :can be put in position and worked out because what is politically correct today
should be a public mandate tomorrow and we haven't had that. Let's stop fooling around. Don't
encourage developers just to wait for the opporttmity to jump in where there happens to be a hole in
the armor. Don't kill the goose that laid the golden egg. I know all ofyun are familiar again, basically
Tom pointed out through various means, right now, voluntary means, through the use of programs in
the Town, the Peconic Land Trust, we have saved innumerable number of acres of open space and
farmland without costing the taxpayer a penny. That should continue, I also feel that the best
legislation emerges fi:om a bipartisan or non-partisan process. We have not had that. I have been very,
very hurt because ~ know you folks, I know everyone of you, regardless of what side of the issue you
are on, you are interested in the best interest of Southold Town. But we are not going to get it as we
stand and take pot shots at each other and have one organization seemingly use some of the Town
Board members even as their puppets. And something, before we replace what we have, we better have
something better than what we have. And the other comment I would ask you to consider, I p~sonally
and our group feels that affordable housing, and we all think it is extremely important, should not be
brought into this issue of two acre versus five acre zoning. There are other organizations, other means
by which we can get affordable housing that we need so badly and we feel strongly that the example in
Fishers Island is the one to follow here because most of you know, the affordable housing that we
thought we had up the street here in Southold and in Greenport, they arc back up to market prices and
we have got to make sure that that doesn't happen if we are going to have affordable housing. So, my
organization extends our time and our effort to work with all of you and we will be working separately
to come up with a plan that we feel fits the needs of Southold Town. And again, I have heard Tom
Wickham say, because he and I had some serious discussions about this now months ago, we are not
against five acre zoning when it is needed. It is not needed and I am neither Republican nor Democrat
but the one thing that I thought that the Democratic proposal was strong on was setting up a
mechanism so we cOUld measure where we were going, how much we were saving, how much we
were losing and if all of a sudden the red light went on and we needed more than voluntary means,
they would be in place and everybody would understand them and then we would go to it. Ladies and
gentlemen, thank you for listening, I do hope that you will extend the moratorium hopefully for three
months and if we can get everything done within the three months that we need to make sure that we
October 21, 2003 8
Public Hearing-Moratorium extension
have the best for Southold Town, that is fine, if not hopefully it will be extended another six months.
Thank you.
SUPERVISOR HORTON: Thank you. Are there other comments from the floor on this public hearing.
Yes, Mr. Cooper.
DOUG COOPER: Doug Cooper, Mattituck. I totally agree with Mr. Grathwohl and one clich6 he left
out is, haste makes waste, gentlemen, ladies. Let's not rush, let's do it right and as far as partisan
politics, I see it all too often, I see what is taking place far too much. About a month ago, there was a
person speaking criticizing the Board for not having done anything, telling this Board they should rush,
hurry up we have got to do something now, critical of this Board for not implementing anything,
including the Blue Ribbon Commission report. Gentlemen, the Blue Ribbon Commission was a non-
partisan, compromise, agreed to by a broad cross section of this community and it is unfortunate that
this Blue Ribbon Commission report was not implemented. And I feel bad that, I feel bad for the
Town, gentlc~uen, that I believe you four Republicans on this Board did not, or held that back and you
want a plan to implement your own agendas instead of a broad cross section opinion of the public.
This moratorium extension should give us time to do something proper and work out solutions like Mr.
Grathwohl said. Thank you.
SUPERVISOR HORTON: Thank you. Are there other comments from the floor on this public
hearing?
COUNCILMAN ROMANELLI: I have a question, Mr. Grathwohl and Doug, in all due respect, I am
a little confused because you are asking us to extend the moratorium but you both made comments that
the tools we have are working, things are doing okay, we are doing, you agreed with Tom on the 18
acres and I am confused, if we are doing okay, if the tools we have are working, then what is the
purpose for our moratorium?
MR. COOPER: The purpose is that you won't have an excuse to rush into upzoning. That is, that is
the purpose of the moratorium ....
COUNCILMAN ROMANELLI: I ttfink you misunderstood my question. Forget upzoning, through
that out the side for a second, if everything is okay, we don't need upzordng, we don't need a
moratorium. If the tools that we have in place are working as well as expressed, then we really have
no reason for upzoning or a moratorium. And that is what I am driving at, you are both asking us to
extend the moratorium but you are both in the next breath are saying that the tools that we have are
working great, things are wonderful, we preserved at an unbelievable rate but please extend the
moratorium. Which is it? Are the tools working to the point where we don't need a moratorium or we
don't upzoning or do we need a moratorium because there is a problem? It is one or the other. The
tools can't be great and need a moratorium.
MR. COOPER: The problem is that this...I am sorry to cut you off.
COUNCILMAN ROMANELLI: That is okay, I am just confused because I am not quite sure, you are
arguing both sides, extend the moratorium but don't extend it because everything is so wonderful, so I
need to know, really, what side are you standing on?
October 21, 2003 9
Public Heating-Moratorium extension
MR. COOPER: We are not arguing both sides. There is a fear perception in a lot of people, which is
misplaced, and that is why we are asking for the extension of the moratorium.
COUNCILMAN ROMANELLI: Because of fear?
MR. COOPER: Let me finish, John, please. Give the Town time to look at it, give the Town time to
look at tweaking the process, what we have in place. It can always be done better. We can always
tweak it and the Blue Ribbon Commission had some recommendations. Such as the monitoring, I
think Mr. Grathwohl recommended it and the Blue Ribbon Commission put forward. There was a
number of ideas in the Blue Ribbon Commission, if you want to adopt that report, gentlemen, you will
go a long ways, you won't need the moratorium.
COUNCILMAN ROMANELLI: Doug, there are a few items in there like bolstering the Planning
Department, which I think we all support, and monitoring. So we will monitor it, we will monitor the
growth, we will put more people and more resources in the Plamfing Department. Should we then get
out of the moratorium? Because then again, you keep telling me and I have heard it now from two
different speakers, everything is wonderful, we are doing great, the tools we have are the best, we have
preserved a lot but please extend the moratorium. Aga'm, I am unsure where, I need to hear the public
input and I am trying to understand the public input and I can't quite understand what public input I am
getting two things out of the same mouth and I am not quite sure how to take that public input.
SUPERVISOR HORTON: This is not a time and place for a debate. And you are more than welcome
to offer your views at this public hearing, this is the specific purpose of the public hearing.
COUNCILMAN ROMANELLI: I don't know how to take them.
SUPERVISOR HORTON: You can take them how you want to.
MR. COOPER: I jest expla'med, John. They give you the opportunity to act, not out of political
reasons and not out 4f fear. What you did...
COUNCILMAN RoMANELLI: I have no fear.
MR. COOPER: John, I have the floor. Please allow me to finish. What you took from the Blue
Ribbon Commission report was what you wanted and discard the rest.
COUNCILMAN ROMANELLI: You are wrong.
MR. COOPER: Yesi you discarded a lot of the good, in fact the best, you discarded. And you want to,
so you took it from the Blue Ribbon Commission. And this is only partly true.
COUNCILMAN WlCKHAM: Josh, may I intervene for a minute? John actually asks a very
important question and one that I would really like to respond to. If things are really as good as I
portrayed them 15 minutes ago, why can't we just get out of the moratorium? That is a question that
he has asked me a couple of times and I would like to respond to that myself, after my long diatribe.
While I think things were good for the last six years, we cannot rest on our laurels, there really is
October 21, 2003 10
Public Hem-ing-Moratorium extension
pressure on this Town. There are steps we need to take to strengthen, to enhance the programs that are
with us. To just sit back in our chairs and say, 'well, we have got a good track record, we can just sit
back and let everything go'. I don't think anybody in this room wants that to happen. We have several
new tools to enhance the progran~s that are in front of us. They are going to take bipartisan
negotiation, careful crafting on the parts of people of different points of view, it is not going to be easy.
It is going to take weeks, perhaps months, we need some time to do that. That will give us the ability
to move into the 22ua century and still maintain perhaps even improve upon that 18 acre average.
MR. COOPER: I totally agree, Mr. Wickham. Thank you.
SUPERVISOR HORTON: Thank you, Mr. Cooper. Are there other comments from the floor on this
public hearing? YeS, Mr. Keil.
ERIC KEIL: My name is Eric Keil, I am a resident of Mattituck. I would also like to speak on
extending the moratorium. John, at various times, I will direct these comments fi-om you because as
you said, you have heard some sort of schizophrenic kinds of dialogue. On the one hand, I have heard
you say that you ami under the impression that there are people waiting to file subdivision applications
the moment the moratorium ends. At the same time, I have also heard comments like it is unfair to
continue extending the moratorium because there are people who can't exercise their rights currently
under the moratorium. I disagree with that thinking. 1 see Craig shaking his head in the affirmative.
The fact is that landl)wners can exercise their rights under the law now, the reason that we have some
rehef under the moratorium is what makes this moratorium completely legitimate in my view, possible
to extend almost indefinitely to make sure that the Town achieves its preservation goals. The fact is,
that there is a very gfiod chance that whatever tools this Board decides to enact, they will not be done
before this moratorium ends in a couple of weeks. So therefore, it is important to extend this
moratorium at least hn. til the end of the year, if not longer, to make sure that whatever tools the Town
decides to use are pU~t into place. I agree with Tom also, that there are other tools that the Town should
be looking into anaI the moratorium would give them the opportunity to do that. The conservation
opportunities subdivision, transfer of development rights, identify/rig what the hamlet centers are going
to be, the Town has other important planning issues that are a part of this larger planning issue about
the future of the Town that should be undertaken together with these tools and that the moratorium
should be kept in effect until that is done and that is why I think that the moratorium should be
extended and I ask fi_at you please vote in favor of it. Thank you.
COUNCILMAN ROMANELLI: Eric, you are aware that the proposal that came forward actually has
tighter restrictions on it than getting out of the moratorium. You know have a way out, a waiver in the
moratorium, the 75% the legislation put forward would have an 80%, you would have to do an 80%
preservation versus
MR. KEIL: You are
COUNCILMAN RO
must be an 80% pre~
5% but the legislatim
75%.
>resuming that this legislation will be passed before ....
VlANELLI: I am just stating that the legislation that was put forward says there
ervation requirement. The waiver to the moratorium is only a 75%, it is only a
. is actually stricter than the waiver process for the moratorium.
October 21, 2003 11
Public Heating-Moratorium extension
MR. KEIL: I am aware of that but you are assuming that the legislation is going to be put into place
and that it is going to stick but also too, there are these other plmming issues that are before the Town
that should also be undertaken during the moratorium. Okay, you can disagree but that is my opinion.
SUPERVISOR HORTON: Thank you, Eric. Are there other comments from the floor, on this pubhc
heating? Yes, Mr. Edwards.
BILL EDWARDS: Bill Edwards, Mattituck. It is regrettable that this thing is about three months
because the obvious period to extend the moratorium to could be two weeks, could be six months and I
just hope the four of you who are obviously pushing this particular piece of legislation are comfortable
and think it is reasonable that whatever the moratorium is, it should be extended until, if you will~ the
day after either A.' The Town Board adopts some legislation or B. The Town Board, whatever,
whoever the Town Board is made up of and whenever that happens, whether it is this year or 2004,
agrees we simply can't do anything or we don't need to do anything. I happen to feel we need to do
something. I happen to feel there are a lot of things we need to do and people in Town are telling me
they want something done, they don't want five acres but they want something done. And therefore I
think reasonable people and hopefully reasonable members of the future Board, as well as the present
Board, will recognize that it is less a matter of saying 'gee, we have got to rush the legislation through
because we set a date for the end of the moratorium' then to say look, if we have to extend the
moratorium three hours, three days, three weeks, fill we get the legislation in place, that is really the
way it should be dcne because you simply can't use the moratorium as a bogeyman to rome you to
pass the legislation. The urgency is there, the Town expects something to happen. The Town doesn't
expect something to happen in the next two weeks, but the Town expects something to happen and the
moratorium should '~e extended simply until the legislation is passed. If that is three months and it
tums out that legislahon is passed in two months, fine, take it ofr'then, you know. But it is not about a
period of time, it is really about until you pass legislation and I think any reasonable person would see
it that way and I hope that all of you on the Board do see it that way. Thank you.
SUPERVISOR HOKTON: Thank you, Mr. Edwards. Would anyone else care to address the Board on
this public heating?
COUNCILMAN ROMANELLI: I would just like to comment, I have heard all of these comments
tonight and it has been two years since we started this process with the Blue Ribbon Commission, one
year moratorium, $200,000 of the taxpayers spent on the moratorium. We had one proposal. One idea,
one plan come forward. Nothing else from anybody on this Board. Nothing from our Planning
Department, nothing from our consultants. We had one plan come forward. So, you know, I grant
you, we need to extend the moratorium because I do believe that there is a problem out there, unlike
some others but I ttrnk that if we are going to extend it, I would hope that the other members of this
Town Board, if you are unhappy with the plan that I put forward, that the other members of this Town
Board would put a little effort into at least coming up with a plan, instead of just keep on extending it
and extending it. Come up with something. Come to the table with an idea, come to the table with a
plan, come to the table with something that will work, not just say no, this is no good. Bring me
something.
SUPERVISOR HO/~TON: Are there other comments from the floor on this public heating? Mr.
DiNizio.
October 21, 2003 12
Public Hearing-Moratorium extension
JIM DIN/ZIO: My understanding is that this is a Town, the Town is made of people and the Town
Board is elected by the people of the Town and the Town Board appoints committees that represent the
people and they represent the opinions of the people. A vast, wide consensus of the people. And the
Blue Ribbon Commission was supposed to be that. You all agreed to put all these people on there. I
didn't, I know there was some people that wanted to be on and some people objected, that is a good
think but when all was said and done, you folks appointed that Committee and my understanding and
correct me if I ami wrong, is you should be talcing their opinions, all of them. As Blue Ribbon
Commission came up with because they were people on both sides and it was a consensus.
COUNCILMAN ROMANELLI: And we did, Jim.
MR. DINIZIO: We 1, if we did, then we wouldn't be talking about five acre zoning, as I understand it.
COUNCILMAN ROMANELLI: Wrong. Because five acre zoning was brought up...
MR. DINIZIO: John, honestly, l didn't stand up here to be browbeat by you. Please do not comment,
let me make my comment.
COUNCILMAN ROMANELLI: Sure, and then I will respond.
MR. DINIZIO: Thank you very much. So the reason why I think you ought to extend the moratorium
is just because to have the opportunity to allow the people to convince the people that don't want to
listen to this Blue ?ribbon Commission, that they had done the right thing in the first place. By
appointing that Con'_mission and they should now follow what that Commission has proposed. Word
for word. I think. Number one, you don't have to deal with it. Number two, we don't have Council
people going out and coming up with their own proposals. Because that is not what the Town Board is
supposed to be about. The Town Board is supposed to listen to the people and the people are the
Committees that you appoint. And if you are not listening to the Committees that you appoint and that
goes to the discussion that you had with Mr. Cooper before, concerning handing over possible
legislation to the Planning Board. Before you hand it to the Planning Board, your Committees should
be looking at it because that report that you are going to give them should be a consensus of the
people. This is what the people want and you are handing it to the Planning Board and saying how
does this jive with the things that we are doing in planning and the Planning Board is supposed to give
you their opinion on that not that opinion on whether you should pass it or not but how it jives with
tiffs because they are working with that constantly. We don't see that from the Plarming Board, we see
a lot of their opinions, as we saw read tonight. But what we should be getting from the Planning Board
is planning and how the things that you come forth with based on what the people in the audience, in
the Town, on yom' Committees come up with, that is what you are supposed to be judging on. You are
not doing that now. Okay, if it were up to me, it would be on the ballot. And November 3rd, it would
be done with one way or the other and I would be happy. But unfortunately, that is not the way it is.
And I have been here for many, many years and I expect to be here for many, many more. And this is
no more acrimonious, no more back-biting, then any other thing we have done in this Town. And you
know what? We ha~e managed to get along pretty well. We are preserv',m.g land, 18 acres for every
acre developed, I think is a wonderful thing, love to do more. I wouldn t mind 25 acre zoning but
guess what? We ha~e got people telling us in this Town, farmers in particular, that you are going to
take their rights away. That you are going to devalue their land. Now who are we getting telling us
October 21, 2003
Public Hearing-Moratorium extension
13
that it is not going m be devalued? Certainly not bankers. Only people who would benefit fi:om it. So,
I tlfink we need the moratorium, if it is going to be three months, fine. If it is going to be six months,
fme. And in all honestly, I am not for moratoriums but I am for the fact that it needs to be discussed
more. Five acre zoning is the wrong way to go. Thank you.
SUPERVISOR HORTON: Thank you, Mr. DiNizio. Mr. Penny.
GEORGE PENNY: George Penny, Mattimck. I am going to end up tonight where I started back in
July when I first came to you and said that had you started a complete planning process, you wouldn't
be going through this. What you have done now is you have introduced some things wlfich are new to
everybody h ere. you have just decided to h/re a consultant to start the hamlet studies so you can
implement some o4 the 43 things that are in the plan, so that is why you can't consider a lot of the
things that are in that~ plan. You didn't do the footwork for it. You are doing it now, you are playing
catch-up. So the only option that has been played out in this thing has been the five acre zoning and it
has tom the Town Fo pieces. I am here as an advocate of affordable housing. The law, I s,_a~ the
changes in the law that Was made to make the affordable housing extend a little longer so it didn t get
quite into the full market that could have been done 11 years ago. There was no need to do it now, but
had a Town Board; any Town Board between 1989 and now truly felt anything about affordable
housing, they could have changed the law because all I have heard since the law was written was from
the Planning Board land from everybody on every Town Board since then, is that affordable housing
should be kept affordable. Well, fine. They could have made a simple, little change in that law up to,
now we are talking talmost 14 years. None of that has been done. And now you can't even put it in
place if you want to Ibecause you don't have the hamlet studies done and the hamlet is where it is going
to be received. So you have put the cart before the horse and that is why you are in the predicament
that you are now. So let's stop. Extend the moratorium. Go on for nine months while you do the
hamlet studies so that you can implement many of these other features that are in there, so you don't
have the choice ofoae when it comes to addressing the future of Southuld Town. There are other good
features in those 43 options and they are all right there in front of you. So, you didn't need a
recommendation fi:om anybody except the public. And when you go to those public work sessions and
you go hamlet by hamlet by hamlet, to each hamlet as you are developing each hamlet, you will get the
input that you need And you will know what the answer is. Once you take k to the public, but this way,
it has been absolutely backwards. Thank you.
SUPERVISOR HORTON: Are there other comments fi:om the floor? Yes, Mr. Meineke.
HOWARD MEINEKE: My nan~e is Howard Meineke, President, North Fork Environmental Council.
Very quickly, yes, the moratorium should be extended and I wanted to comment that Jim Grathwohl
was right on one part, we should not flirt with disaster but I would add to that that smart people think
ahead. It is very c'_ear that with ail the talk about moratoriums, there is, in everybody's minds, a
disaster out there somewhere so it is just a question of how soon it is coming and with what force it
will hit. And I suggest that the Water Company has said there will be water, so that the prohibition
from building housed on the farms in the next few years will disappear, the single and separate lots are
disappearing, certainly the best ones are being built on now and the last of the lot will be pretty ugly
and they will take l~nger and when that happens, you will have Zoumas and Schembri and Manzi all
over the place and ygu will have all sorts of things in the pipeline and once they are in the pipeline, in
the funnel going thrc ugh, you can't stop them, so there will be quite a backlog and at ti'mt point, you
October 21, 2003 14
Public Hearing-Moratorium extension
will have to, you all admit when we are getting signals that this doesn't, standing pat doesn't work
anymore, we will have to do something. And I think at that point it is very, very difficult to do
something. Now, I have been talking at this problem from various angles from between four and six
years and we £mally have a proposal and whereas everybody likes to say, gee it just came out of
somebody's back pocket, I really think it has had a lot of thought and a lot of discussion. And we can
do something. Now, the other, the stand pat people say, if monitoring shows we are in trouble, we will
immediately fix it. If five acre, if the upzoning plan with all its bells and whistles, the conservation
upzoning plan, which I think is beneficial, I would like to see 25 acres but the world wasn't ready for
it. But if that is shown to have flaws, the next Board or whoever it is can certainly rally around those
flaws and fix it. We are talking now about taking two acre zoning and changing it to something else.
So, you all act as if yon have to do nothing before you can do something, you can do something and
then you can do something else, so I don't understand the way that we are looking at this. I don't see
that there is such a downside to doing something. There is a hell of a downside to doing nothing.
Thank you.
SUPERVISOR HORTON: Thank you, Mr. Meineke.
heating? (No response) We will close this public hearing.
Are there other comments on this public
Elizabeth A. Neville
Southold Town Clerk